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Vol. 3 No. 199 Decisions Released Oct. 20, 1995 STATE COURT CASES BANKRUPTCY — STUDENT LOANS 42-2-6788 N.Y. State Higher Educ. Servs. Corp. v. Roy M. Lucianna, App. Div. (10 pp.) Where debtor did not notify the lender, as contractually required, when he withdrew from his graduate education, the statutory time period during which the student loan was non-dischargeable in bankruptcy was tolled, and dismissal of the guarantor’s suit seeking reimbursement from defendant was erroneous and is reversed. [Approved for publication Oct. 20, 1995. Available Online in NJ Full-Text Decisions.] HEALTH 22-2-6789 Virginia W. Osmond, et al. v. West Jersey Health Sys., et al., App. Div. (6 pp.) On complaint by plaintiffs, who are Jehovah’s Witnesses, that hospital had refused to perform certain procedures because they refused to sign consent forms, court improperly granted summary judgment to hospital on the basis that hospital had unfettered discretion in accepting patients, since private hospitals cannot arbitrarily refuse to allow their facilities to be used for a particular medical purpose, and matter is remanded for development of a factual record regarding the hospital’s justification for its refusal. INSURANCE — VERBAL THRESHOLD 23-2-6790 Willie Campbell v. Annie J. Campbell, et al., App. Div. (5 pp.) Dismissal of plaintiff’s complaint for failure to meet the verbal threshold is reversed, since there was a material factual issue regarding whether plaintiff, separated from his policyholder wife, was a member of her household at the time of the accident, and, thus, whether the verbal threshold should be applied. LAND USE 26-2-6791 John Clancy, et al. v. Bd. of Adjustment of the Borough of Brielle, et al., App. Div. (3 pp.) Board of Adjustment’s denial of a variance to plaintiffs, who illegally expanded a non-conforming use by constructing two additional residential apartments in their commercial building, is affirmed, and plaintiffs’ contention that a municipal zoning code enforcement officer, who sat on the board, should be disqualified is without merit. MUNICIPAL LAW — BIDS 30-2-6792 Colonnelli Bros., Inc. v. Village of Ridgefield Park, etc., et al., App. Div. (6 pp.) The record adequately supports the village’s decision — in accepting bids for installation of storm drainage bypass system — to treat the sum of plaintiff’s “computed totals” as its aggregate bid, thus rendering the bid higher than that of the successful contractor, and the law division judge improperly interfered with the village’s appropriate exercise of discretion by awarding the contract to plaintiff. [Approved for publication Oct. 20, 1995.] REAL ESTATE — CONDOMINIUM ASSOCIATIONS — SETTLEMENTS 34-2-6793 Greenwood Park Residents Assn. Inc. v. Peter J. Trubek, et al. v. Am. Reliance Ins. Co., et al., App. Div. (4 pp.) In suit by condominium association against trustees for failure to conduct annual audits, in which one of the t rustees counterclaimed for harassment and indemnification, “walk-away” verbal settlement, entered at court management conference, was properly enforced, despite trustee’s attempt to rescind his acceptance and refusal to sign final document. WORKERS’ COMPENSATION 39-2-6794 Kingsley Simons v. Newark Hous. Auth., App. Div. (3 pp.) Since petitioner failed to make a satisfactory showing of demonstrable objective medical evidence of pulmonary disability, the judge of compensation erred in finding that petitioner’s occupational exposure to pulmonary irritants had resulted in 5 percent partial permanent pulmonary disability. FEDERAL COURT CASES CONSTITUTIONAL LAW — DISCRIMINATION 10-7-6795 William F. Ryan, et al. v. City of Orange Twp., et al., U.S. Dist. Ct. (28 pp.) In a case where firefighters allege that they have been discriminated against in various ways for their refusal to assist with and/or financially contribute to mayor’s election campaigns, nine counts of the amended complaint are dismissed, but since the mayor clearly has the final decision-making authority to take the actions alleged to have occurred here, in violation of firefighters’ first and fourteenth amendment rights, the actions could have resulted from “official policy” and the count alleging a Section 1983 action may proceed. INTELLECTUAL PROPERTY 53-7-6796 Linear Dynamics, Inc. v. A.H. Harris & Sons Inc., et al., U.S. Dist. Ct. (6 pp.) In a patent infringement action, where the court had ordered that both defendants be joined for trial on the issue of the patent’s validity, and then be severed for separate trials on the questions of infringement and damages, one defendant’s motion to modify the order to sever the defendants for trial on all issues is denied, since the question of the patent’s validity will involve an identical analysis with respect to both defendants, and it promotes judicial efficiency for the defendants to be joined at that phase of the action. NEGLIGENCE 31-7-6797 Jacquelyn C. Rodgers v. Michael Stempinski, et al., U.S. Dist. Ct. (4 pp.) Where the court had previously dismissed plaintiff’s personal injury suit based on the fact that one of the vehicle drivers in the case was an F.B.I. employee acting within the scope of his employment and could not be sued as an individual under the Federal Tort Claims Act, plaintiff’s motion to restore the complaint, now asserting that the driver was not acting in his capacity as a federal employee, is denied, since the change is not supported by new evidence and seems to be an attempt to find a way around the suit’s dismissal. (See DDS No. 31-7-6378 in the Alert dated Aug. 15, 1995, for earlier opinion.)

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